You have asked this question before. Several have provided you with the correct answers, yet you still don't believe it. Several have provided links to the law posted on the Internet. Some have provided you with court cases supporting the legality and existence of income tax laws. You keep spouting tax protestor nonsense that has been rejected by the courts time and time again.
As I have pointed out before, Title 26 of the U.S. Code is the codification of the Internal Revenue Code. The Internal Revenue Code was proposed in the House of Representatives. It was passed by Congress and it was signed into law by a President. IT IS LAW whether you believe it or not.
http://www.law.cornell.edu/uscode/uscode26/usc_sup_01_26.html
In United States v. McDonald, 919 F.2d 146 (10th Cir. 1990), ,the court stated, "Indeed, as we have repeatedly held, the entire Internal Revenue Code was validly enacted by Congress and is fully enforceable."
In Bilger v. United States, 87 AFTR2d Par. 2001-468, No. CIV F 00-6486 OWW JLO (U.S.D.C. E.D.Ca. 1/9/2001), the court stated, "In his opposition, Plaintiff asserts that ‘Title 26 U.S.C. (including section 6321) has not been enacted into positive law, and is not the law, but is only prima facie evidence of the law.’ ... Congress’ failure to enact a title into positive law has only evidentiary significance and does not render the underlying enactment invalid or unenforceable. See 1 U.S.C. section 204(a). ‘Like it or not, the Internal Revenue Code is the law’. [Citations omitted] Plaintiff’s positive law argument is without merit."
Also, the claim that Congress only has the power to indirect taxation and not direct taxation is wrong. Article 1, Section 8 of the Constitution states, in part, "The Congress shall have Power To lay and collect Taxes,...". Article 1, Section 9 states in part, "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken." According to that, Congress has the power to lay a direct tax as long as it is apportioned among the states. The 16th amendment which states, "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." That removes the apportionment and census requirement for income taxes.
The capital letter argument is also bogus. I dare anyone to name ONE case where that argument was the reason for the win. Here are a few court cases concerning that. In Cris Timothy, Hillman v. Secretary of Treasury, 85 AFTR2d Par. 2000-707, 2000 TNT 111-13, No. 1:99cv136 (U.S.D.C. W.D. Mich. 3/28/2000), the court stated, "plaintiff complains that the United States’ filings have been directed to a person named CRIS TIMOTHY HILLMAN, whose name is spelled in bold, capital letters, in contrast with plaintiff’s name, which is spelled in upper and lower case letters, which are, according to him ‘proper English.’ [Footnote omitted] Plaintiff contends that the person CRIS TIMOTHY HILLMAN ‘is either a dead person or a corporate fiction’ who is not a party to this case...In summary, because the manner in which plaintiff’s name is spelled, printed, or punctuated on filings in this case does not, in the court’s view, impact on the substance of the pleadings, the court denies plaintiff’s motions to strike as meritless."
In United States v. Wright, 83 A.F.T.R.2d 99-533, KTC 1998-630, No. S-94-1183 (U.S.D.C. E.D.Cal. 1998), the court stated, "Wright brings what he has labeled a ‘motion to dismiss for plaintiff’s lack of standing and misjoinder of parties.’ First, he contends that since the amended complaint states that this action is brought against ‘FLOYD A. WRIGHT’ and his name is ‘Floyd A. Wright’, he is not the proper defendant. ... These arguments are patently frivolous and the motion is thus summarily DENIED."
Illegals are supposed to pay income taxes. The income tax laws apply to RESIDENTS of the United States. It also applies to citizens of the United States living anywhere in the world. However, since many illegals are either paid in cash or under-the-table, or have fake Social Security Numbers, it is difficult to make sure they pay the proper taxes.
I am not a Federal officer. I am an independent contractor and I mainly do engineering and programming work. Study of law is a hobby.
BTW, I take offense at your real American remarks. I was born and raised in Florida. My family have been citizens of this great country since the 1830s. My grandfathers served during WWII. My father was in the Air Force in Vietnam and I served in the Army for eight years which included the first gulf war. I may not always agree with how my income tax money is spent, but I know that it is necessary for funding the government.
Also, your claim that income tax laws only apply to the District of Columbia is frivolous. In re Lowell H. Becraft (United States v. Nelson), 885 F.2d 547 (9th Cir. 1989), the court stated, "Much of Becraft’s reply is also devoted to a discussion of the limitations of federal jurisdiction to United States territories and the District of Columbia and thus the inapplicability of the federal income tax laws to a resident of one of the states...this claim also has no semblance of merit."
In Caniff v. Commissioner, 52 F.3d 328 (7th Cir. 1995), the court stated, "Caniff’ claim that he is a non-resident alien is preposterous on its face. He acknowledges that he lives in Indiana. The tax power applies fully to each and every of the fifty United States, not just the District of Columbia."
You're the one who needs to wake up.
2007-09-19 13:08:48
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answer #1
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answered by NGC6205 7
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Dude. The 16th Amendment was ratified.
Let's look at it logically. There are hundreds if not thousands of people who believe it wasn't, and are therefore not paying taxes and getting into trouble with the law. They certainly have grounds to sue and take it through the court system.
The fact that the Supreme Court, or to my knowledge any federal court, has never ruled that the 16th Amendment was never ratified properly in all this time means it's a meritless case.
If you truly believe it was not ratified, and if you are not paying taxes, then I invite you to push this case through the court system when the IRS starts coming after you. Good luck with that.
2007-09-19 04:40:30
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answer #2
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answered by Uncle Pennybags 7
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Your right. Look at your credit card. It is in ALL capital letters right? Then look at a copy of any court document where in the front is says who is going against the other (no I don't know the correct terms) The letters are ALL in capital letters again right? THAT is because the reason that they "can" tax you is because you are considered a "Corp. entity" which in reality, you are not! They, by law can not tax individuals, per the Constitution.
And YES, there HAVE been cases that have been won against the IRS based on these facts.
2007-09-19 05:12:07
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answer #3
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answered by Fedup Veteran 6
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